Nowhere was
state paternalism and its folly better demonstrated than by what happened in
the North Shuswap this past summer (2023). The local population of the North
Shuswap demonstrated extraordinary courage, extraordinary resourcefulness,
fortitude, and effectiveness. Were their efforts lauded, supported, and
augmented by the government, no, in fact, the government impeded their efforts,
confiscated their property, and obstructed them from defending their own
property. This blitz of authoritarianism stemmed from the arrogance of administrators in both the BC Wildfire Service and the Columbia Shuswap Regional District (CSRD). It was with absolute dismay that I witnessed the
Royal Canadian Mounted Police (RCMP) become the hard edge of bad judgment and
disregard for personal liberty. To add insult to injury, mainstream media
besmirched the North Shuswap Residents (NSR) as thieves taking equipment and
touting the official line, failing to tell the true story of NSRs in a
meaningful way.
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A story relayed to me went as follows: the CSRD issued an evacuation order. Three homeowners received the directive; two entrusted their homes to the CSRD's care, while one chose to defend his property. He stayed with a pump from the lake and his boat for an
escape and fought the fire – he is fine, his house is fine, and his neighbours’
houses are gone. Whose judgment was sound and whose was not – the results
indicate clearly.
It was
reported to me that the BC Wildfire Service (BCWFS) decided to evacuate their
crews due to a too-high level of risk. BCWFS evacuated their crews, but the locals
stayed and were effective in staying the advance of the fire. The locals
succeeded in that task, they are fine – who had better judgment, the results
indicate clearly.
It was
reported to me that a man had a tank in the back of his pickup. He was working
in his community putting out spot fires – his truck, his gas, his effort – to
be of service to his neighbours. He kept working even though authorities had
insisted everyone shelter in place. Presumably, he knew, sheltering in place was
stupid and ineffective when there are spot fires that threaten to create large
fires and that’s why he RIGHTFULLY defied the order. The 'authorities' confiscated his truck and forced him to walk home, purportedly for his safety. Such decisions, made by inexperienced individuals remotely assessing safety concerns, disregarded his autonomy. Retrospective analysis clearly upholds the judgment of NSR
and clearly indicates the poor judgment of government actors.
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There was
some nattering about training, the assertion was that citizens to protect their
own property required a course in firefighting. So, this would indicate a 20-something with the life experience of a lab rat and a course was better
equipped to fight a fire than the man that had worked in the woods his whole life,
donated his own caterpillar to the cause, and began to cut a fireguard. It was
reported to me, that the brave, generous citizen that acted was rewarded by
being fined. I have used the water device to put out spot fires, and I have made
fire guard … these are very basic tasks that you can learn in minutes, no
course required – if you can muster up the manual dexterity to urinate, you can
manage a Pulaski.
Credentials
can be important, the challenge of course the giving of credentials has become
an industry, a profit center unto itself. When I was seven years of age, my
family had lost our father. My older brother, at 17 years of age, was tasked
with putting up the hay. Logistics demanded that the hay be raked while he
bailed the hay, and he asked me to help. He showed me how to operate the tractor
before, for fun, the raking hay was a new task, he gave me instructions, and I
followed them. I was proud to be able to contribute in a meaningful way and I am
here to tell the story. I see adults having to take courses to operate a motorcycle
or quads and side by sides. I think it would be hard to find a person my age
who is absent from the experience of jumping on a machine, figuring out how to use
it, and putting it to use. Caution is required of course, but everyone I know my
age did and we’re all fine. One
understands the value of training, it can be necessary. One must, however, balance
the value of training with stupid false imperatives associated with credentials,
credentials that the granting of is a profit center and credentials that are serving
as a supply management function under the guise of safety imperatives.
I have a
good deal of respect for people who fight forest fires, the young people on the
ground. One understands the imperative to attend to their safety. One understands the concern of leadership to
reduce the risk in a risky endeavour. The challenge is, that there is no reward
for risk for the leaders fighting the fire, so they are risk-averse. A person
defending their life’s work, a farm, a ranch, a business are willing to fight
tooth and nail, they are willing to risk everything, perhaps even their life –
no state actor has the right to stand in their way. When one is fighting for
their life’s work, they are willing to take risks they would never expect or
want the young people who are employed by the government to take.
It is
important to note, that people are allowed to risk their lives in defense of
themselves and their property – there is a large body of law to support this fact, and obstructing them from doing so excites Section Seven of the Charter.
It is
perverse to me that the assertion by members of government and the press that a
person defending their life’s work is somehow putting first responders at risk –
when a property owner is pursuing an action that involves risk, the decision whether to
respond or not should they come under distress lays firmly with the first
responder. The actions of the Wildfire Service indicate these judgments were
made, they felt it too risky to fight the fire for a time and withdrew, leaving
citizens there to defend their properties.
When the government obstructs a citizen from defending their own property, it is taking control of the citizen’s property. This is a de facto act of expropriation. The only time the government is permitted to expropriate property is when there is a clear and pressing public interest. When one’s barn is on fire, the only pressing interest is to put it out; the public interest is inherently satisfied by the owner’s actions, if they have success the fire never spreads. Government actors are often saying they possess a liability if people defend their property and get harmed – incorrect interpretation of the law. The government has a liability in obstructing (effectively the temporary expropriation of property) and effecting a loss to the landowner. This assertion is made under the rubric of Section 7 law, a law that the BC Emergency Program Act (EPA) is subordinated to.
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The manner
in which the EPA is being administered is effecting several ills, all vividly
displayed in the North Shuswap this summer. The act itself is poorly constructed
as such its use generates gross overbreadth and permits an obscene degree of authoritarianism.
I have been affected personally by the act. I have arrived at roadblocks personed
by varying authorities, in every instance when I’ve requested a copy of the
order that is authorizing the roadblock none have produced the order. Often it
is just a civilian standing there as opposed to a police officer. It seems then
anyone can arbitrarily block a road. At every instance in Canada, when one’s
liberty is impaired, it must be done so by fundamental law, the only way a
citizen can know this is being attended to is by knowing what law is governing them.
By extension, one must have the opportunity for legal recourse, in this case injunctive
relief. The only means to seek legal recourse is by knowing what law is
affecting one.
In
reviewing policy related to Covid 19 I have found interesting reading that
indicates the use of government edicts that suppress fundamental freedoms are
ineffective, or, rendered mute by public behavior. When a mother is informed that a fire is likely to consume her home and endanger her children, her immediate response is to load them into the car and evacuate. There is no requirement
to order her to leave providing the government actors delivering the message
are credible. When the government gives notice of impending danger, people are grateful
and respond – so that is what the government should do. Issue notices of
impending danger and recommend the means to respond to that danger. This
transforms the government from descending into state paternalism and all its
trapping to an entity providing needed data.
When you say to a rancher who has been running their ranch for 30 years and spent his life taking care of himself and his property, there is a fire coming that is likely to consume your ranch, he’ll look over the hill, contemplate the assertion and makeup is mind whether to stay or go – that is his choice to make. There was this very circumstance at Risky Creek some years ago, the ranchers stayed, fought the fire, and prevailed, had they left all would have been lost. They did so in contravention of an evacuation order, had they left by order of the government, and their property destroyed, the government should have been expected to be held libel.
If you read this and have some antidotes to offer or input to offer please do. This has taken the form of a blog post, it is excerpted from a government report I am preparing. Any data you might add may serve to help effect a change in the behaviour of the government and its subordinates.
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